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NSW Can Ex Ask for His Gifts Back Under Property Law?

Discussion in 'Property Law Forum' started by Lau, 30 May 2016.

  1. Lau

    Lau Member

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    Good morning,

    I had a relationship with a man, he bought me an engagement ring. Then I had to come back home, almost 16000km far away from Australia and as a Christmas present, I received a necklace. Unfortunately, now we are not together and he asked me for the presents back or their value like it never happened to me. I think it's a bit sad.

    Anyway, can he legally take the gifts back under property law?

    Thank you.
     
  2. Rod

    Rod Well-Known Member

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    Christmas present is yours unless there was an explicit condition attached at the time of giving.

    Re: Engagement ring - harder to say. If you call off the wedding with cause (ie because of violence/cheating/etc) you may keep the ring. If it is a mutual decision or he calls off the wedding with cause (because of violence/cheating/etc) then you return the ring.

    I'd expect that if you stay 16k kms away for longer than agreed or past the planned wedding date it is assumed you have abandoned the relationship and must give the ring back.
     
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  3. Lau

    Lau Member

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    Thank you for your reply! Even if nothing was planned about the marriage, I decided to send it back. I can't find the necklace so I'll transfer money cause I'm too good and I believe what goes around comes around.

    Thank you so much. Have a nice day.
     
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